| Leonard v Planning Board of the Town of Union Vale |
| Motion No: 2015-11316 |
| Slip Opinion No: 2018 NY Slip Op 90766(U) |
| Decided on December 13, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M258233
E/afa
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2015-11316 E. Deane Leonard, et al., appellants, v Planning Board of the Town of Union Vale, respondent. (Index No. 4528/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Dutchess County, dated October 15, 2015, which was determined by decision and order of this Court dated August 15, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is granted to the extent that the decision and order dated August 15, 2018 (164 AD3d 662), is amended (1) by deleting from the second sentence of the fifth paragraph thereof the words "and directed the Planning Board to hold a public hearing and afford the petitioners the opportunity to be heard regarding rescission or amendment of the negative declaration" and (2) by deleting from the first sentence of the sixth paragraph thereof the words "As directed, the Planning Board conducted the" and substituting therefor the words "The Planning Board conducted a"; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court